USE & SYNCHRONIZATION LICENSE
City, State 99999
shall serve as the agreement between MusicCompany ("Licensor") and
Movie Productions, Inc., Address, City, State, 99999 (and its licensees or
assignees) (collectively referred to as "Licensee") with respect to
the Master Use & Publishing Synchronization License granted in connection
with the use of the recording “SongTitle” (“Recording”) and the composition
embodied therein in the theatrical motion picture entitled “MovieTitle”
(which, together with all trailers (including, without limitation, video
trailers), advertisements and clips therefrom, shall herein be collectively
referred to as the "Picture").
Master recording, “SongTitle” performed by the artist professionally known as
RIGHTS SOCIETY: [ASCAP or BMI]
Up to 00:00 minutes
Written by Writer
Performed by Band
USE: In, and in
connection with, the soundtrack of the Picture on a buy-out basis, the
non-exclusive, unrestricted and irrevocable right to use and perform the
Recording and the Composition embodied therein in any manner in and in
connection with the Picture, in any and all media and by all means of
transmission now known or hereafter devised (including but not limited to
theatrical, non-theatrical, free, pay, subscription, toll, direct broadcast,
cable and closed circuit television and other transmissions to home monitors,
on-line uses, videodiscs, videocassettes, laser discs, DVD, DIVX, CD-ROM,
videotape and any other form of audiovisual device) throughout the Territory
For the Licensed Use, Licensee agrees to pay Licensor a combined master
use & publishing synchronization fee of $500.
No further amounts shall be payable by Licensee to Licensor in connection
with the Licensed Use.
In the event that Licensee secures a soundtrack album distributor and the
Recording is selected for inclusion on the soundtrack album, Licensee and
Licensor shall enter into a good faith negotiation to determine the license fee
for such use. Notwithstanding
anything herein to the contrary, any such use shall be on a non-exclusive basis.
Licensor represents and warrants that it owns, controls and administers
the rights necessary to enter into and fully perform this license and that
Licensee’s use of the Recording and the Composition embodied therein in
accordance with the provisions hereof will not violate the rights of any person
or entity. Licensor will indemnify
and hold Licensee harmless from any and all claims, liabilities, issues, damages
and expenses arising from any breach or alleged breach of Licensor’s
warranties or representations under this license.
Licensor warrants and represents that it has obtained all requisite
consents and permissions from the copyright owners of the Master Recording, if
applicable, and further represents that it has the permission of the Writer and
the applicable publisher(s) of the Composition that it represents for the rights
granted in this license, and that Licensor controls 100% of all rights in and to
the Composition (including 100% of the copyright thereof) and that Writer shall
look solely to Licensor for any remuneration resulting from this license.
Licensee is proceeding in reliance on the terms of this license as such
terms are specified above. Licensee shall have no obligation hereunder in the event that
the Recording is not included in the Picture as generally commercially released
other than payment of any and all License Fees under the terms described above.
Licensee will not authorize or permit any use of the Recording not set
forth herein, all rights not granted herein being reserved to the Licensor.
return two fully executed copies of this agreement to: Jon Glascoe, Movie
Productions, Inc., 630 Ninth Avenue, Suite 415, New York, New York 10036.
and Accepted this ____ day of __________, 2004.
ID .#: __________________